Taylor v. Trigeno et al
| Roy Taylor |
| P.O. Alyssa Trigeno, Sgt. Michael Dunlavey, C.O. Quayyum and City Of New York |
| 1:2016cv01143 |
| February 9, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J. Sullivan |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
296
ORDER: Plaintiff Roy Joaquin Taylor requests that the Court appoint a pro bono attorney, specifically "Keven Kreindler," in various cases brought by Plaintiff for the purposes of representing Plaintiff in settlement discussions. Dkt. No. 2 95. The request is denied.Unlike in a criminal case, Plaintiff is not entitled to a court-appointed attorney in a civil case. As the Court previously noted, a court "may request an attorney to represent any person unable to afford counsel." Dkt. No. 289 (emphasis added) (quoting 28 U.S.C. § 1915(e)(1)). At Plaintiff's request, the Court requested pro bono counsel for the purposes of settlement discussions in this case. Id. Attorney Kevin Mahoney, from the law firm Kreindler & Kreindler LLP, entered an appearance in this matter as a pro bono attorney for Plaintiff for the limited purposes of settlement discussions. Mr. Mahoney may voluntarily choose to represent Plaintiff in other matters, but the Court is not empowered t o force Mr. Mahoney to do soparticularly given that Plaintiff's request is to appoint Mr. Mahoney as counsel in cases not before this Court. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be take n in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is directed to mail a copy of this order and the order at Dkt. No. 289 to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/18/2024) (rro)
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Filing
293
ORDER denying 290 Motion re: 290 MOTION REQUEST TO OBJECT & TO RECONSIDER ORDERING PAY PER DIEM BASIS MONETARY PENALTIES FOR CURRENT EVASIVENESS & FUTURE PENALTIES. Accordingly, Plaintiff's motion for reconsideration is denied. Th e Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 290 and mail a copy of this order to Plaintiff.. (Signed by Judge Gregory H. Woods on 3/5/2024) (rro)
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Filing
289
ORDER REQUESTING PRO BONO COUNSEL: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff for the limited purposes described above. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. If an attorney volunteers, the attorney will contact Pl aintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case, including settlement negotiations, without an attorney. The Court certifies under 2 8 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Plaintiff. (Signed by Judge Gregory H. Woods on 2/15/2024) (rro)
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Filing
288
ORDER: denying 284 Motion to Sever. Accordingly, Plaintiff has failed to show that sanctions are warranted against Mr. Quayyum or his counsel, and Plaintiff's motion for sanctions is denied. Dkt. No. 284. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 284. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/30/2024) (ama)
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Filing
285
ORDER: On December 22, 2023, Plaintiff filed a "motion request to server & render decision for punitive damages for Qayyum's attorney not being forthcoming on interrogatories." Dkt. No. 284. Defendants are directed to file a respons e to Plaintiff's motion by January 5, 2024. Plaintiff's reply, if any, must be filed by January 12, 2024. The Clerk of Court is directed to mail a copy of this order to Plaintiff.SO ORDERED( Responses due by 1/5/2024, Replies due by 1/12/2024.) (Signed by Judge Gregory H. Woods on 12/26/2023) (rro)
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Filing
282
MEMORANDUM OPINION & ORDER re: 231 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT. filed by NYCDOC Officer Quayyum, City Of New York. For the foregoing reasons, Defendants' motion for summary judgment is DENIED. The Court requests that counsel for the City Defendants provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of N ew York 7.2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff and to terminate the motion pending at Dkt. No. 231. (Signed by Judge Gregory H. Woods on 8/17/2023) (ate)
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Filing
278
ORDER denying 277 Motion to Vacate 277 MOTION to Vacate 276 Order. Plaintiff'smotion to vacate the December 9, 2022 order is denied. Because Plaintiff represents that he has not received the reply, the City Defendant is directed to again serve its reply and the eight unpublished decisions referenced in the reply upon Plaintiff, and to file proof of service by no later than February 8, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 277 and to mail a copy of this order by first-class mail to the plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/1/23) (yv)
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Filing
276
ORDER: Plaintiff has filed a letter requesting that the Court enter default judgment against Defendants in this case. See Dkt. No. 275. Plaintiff argues that Defendants have "defaulted" because they did not file a reply in support of a m otion to dismiss by the November 18, 2022 deadline. Id. However, the City Defendant filed a reply in support of its motion to dismiss on November 18, 2022.1 Dkt. No. 274. Because the City Defendant filed its reply by the November 18, 2022 deadline , Plaintiff's request for the entry of a default judgment against the City Defendant is denied. The Clerk of Court is directed to mail a copy of this order by first-class mail to the plaintiff. (Signed by Judge Gregory H. Woods on 12/9/2022) (rro)
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Filing
256
ORDER: As stated on the record during the conference held on August 15, 2022, the deadline for the City Defendants to file and serve their motion to dismiss is September 15, 2022. See Dkt. No. 246. Plaintiff's opposition is due within si x weeks after service of the City Defendants' motion. The City Defendants' reply, if any, is due within two weeks after service of Plaintiff's opposition. The Clerk of Court is directed to mail a copy of this order by first class mail to the plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/16/2022) ( Motions due by 9/15/2022.) (ks)
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Filing
249
ORDER granting 248 Letter Motion to Adjourn Conference. The pre-motion conference currently scheduled for July 21, 2022 at 2:00 p.m. is rescheduled to July 22, 2022 at 2:00 p.m. See Dkt. No. 247. The City Defendants are directed to the Court� 39;s Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The City Defendants are specifically directed to comply with Rule 2(C) of the Court's Emergenc y Rules. IT IS ORDERED that the Warden or other official in charge of the Auburn Correctional Facility produce Roy Taylor, 04528137Q on July 22, 2022, no later than 2:00 p.m., to a suitable location within the Auburn Correctional Facility that is equ ipped with videoconferencing equipment, for the purpose of participating by a videoconference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chamb ers by emailing woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; and (2) contact the correctional facility to confirm its ability to conduct the conference by videoconference and to confirm the platform that the facility will use to host the videoconference. The Court expects that the facility will distribute a link for the videoconference to participants no later than two business days prior to the conference. The Clerk o f Court is directed to mail a copy of this order by first class mail to Plaintiff. The Clerk of Court is further directed to terminate the motion pending at Dkt. No. 248. Telephone Conference set for 7/22/2022 at 02:00 PM before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 7/18/2022) (rro)
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Filing
245
ORDER: Defendants are directed to address the effect of the developments described in Plaintiff's status letter, Dkt. No. 244, on the stay entered in this case, Dkt. No. 9, in the status letter that is due no later than July 15, 2022. The Clerk of Court is directed to mail a copy of this Order to Plaintiff by certified and first-class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/12/2022) (ama)
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Filing
239
ORDER: Accordingly, the Court GRANTS Plaintiff's request for an extension of time to file his opposition. Plaintiff's opposition is due no later than September 8, 2022. The City Defendants' reply, if any, is due two weeks following the date of service of Plaintiff's opposition. In addition, the Court understands that Plaintiff has been transferred to the Auburn Correctional Facility in Auburn, New York. See Dkt. No. 237. The parties are directed to file a status letter, no later than July 1, 2022, updating the Court on the underlying criminal proceedings and explaining the impact, if any, of recent developments in the underlying criminal case on Plaintiff's claims currently pending before this Court. The Clerk of Court is directed to mail a copy of this Order to Plaintiff by certified and first-class mail. ( Responses due by 9/8/2022) (Signed by Judge Gregory H. Woods on 6/24/2022) (rro)
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Filing
230
ORDER granting 229 Letter Motion for Extension of Time to File. Application granted. Defendants City of New York and NYCDOC Officer Quayyum (the "City Defendants") are directed to file their anticipated motion for summary judgment no l ater than June 6, 2022. Plaintiff's opposition is due no later than August 8, 2022. The City Defendants' reply, if any, is due two weeks following the date of service of Plaintiff's "opposition. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 229. (Signed by Judge Gregory H. Woods on 5/24/2022) (rro)
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Filing
220
ORDER: As described during the March 18, 2022 conference, Defendants' request for an extension of time to file its motion for summary judgment is granted. Defendants' motion is due on or before May 1, 2022. Plaintiff's opposition is due on or before July 5, 2022. Defendants reply, if any, is due within two weeks after the date of service of Plaintiff's opposition. For the reasons stated on the record, Plaintiff's motion to re-open discovery is denied. In addition, a s explained during the conference, Plaintiff's renewed motion for sanctions is also denied. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Motions due by 5/1/2022., Responses due by 7/5/2022) (Signed by Judge Gregory H. Woods on 3/18/2022) (jca)
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Filing
217
ORDER: The Court is in receipt of the City Defendants' letter dated March 11, 2022, which provides an update on the status of the parties' discovery dispute. Dtk. No. 216. On February 28, 2022, the parties were also directed to file a joint letter updating the Court on the status of the case by no later than March 11, 2022. See Dkt. No. 214. That letter must comply with the Court's Case Management Plan and Scheduling Order. Dkt. No. 147. The Court has yet to receive a lett er in compliance with the February 28, 2022 Order. The parties are directed to comply with the Court's February 28, 2022 Order forthwith. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/15/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
215
ORDER: The Court is in receipt of Plaintiff's letter dated January 7, 2022 and posted to ECF on February 25, 2022. Dtk. No. 213. The Court does not understand the nature of the discovery dispute described by Plaintiff in his letter because t he letter does not provide sufficient information about it. The parties are therefore directed to meet and confer regarding Plaintiff's letter and submit a joint letter describing the nature of the dispute on or before March 11, 2022. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/28/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
212
ORDER: On December 9, 2021, the Court issued an order extending the parties' deadlines to complete discovery. Dkt. No. 195. In light of the amended discovery deadlines, the Court will adjourn the post-discovery status conference, currently s cheduled for February 22, 2022, to March 18, 2022 at 1:00 p.m. A joint letter updating the Court on the status of the case shall be filed by no later than March 11, 2022. The parties' joint letter should comply with the Court's direction s in its January 21, 2021 Case Management Plan and Scheduling Order at Dkt. No. 147. IT IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on March 18, 2022, no later than 1:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with videoconferencing equipment, for the purpose of participating by a videoconference with the Court and defense counsel. If this time and date presents an in convenience, the Warden or the Warden's designee should promptly inform Chambers by emailing woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; and (2) contact the correctio nal facility to confirm its ability to conduct the conference by videoconference and to confirm the platform that the facility will use to host the videoconference. The Court understands that Rikers Island uses Microsoft Teams. If another platform is to be used, the Court requests that defense counsel inform the Court of that fact promptly. The Court expects that the facility will distribute a link for the videoconference to participants no later than two business days prior to the conferen ce. Members of the public are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and passcode. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. ( Discovery Hearing set for 3/18/2022 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/8/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
209
ORDER: denying 152 Motion for Sanctions. The Court held a status conference on January 13, 2022 to address the parties' discovery disputes and to rule on Plaintiff's motion for sanctions. For the reasons stated on the record during the conference, Plaintiff's motion for sanctions is denied. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff andto terminate the motion pending at Dkt. No. 152. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/13/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
208
ORDER: On January 7, 2022, the Court ordered the parties to appear for a remote conference on January 13, 2022 at 2:00 p.m. That conference is adjourned to 2:30 p.m. on January 13, 2022 to accommodate the correctional facilitys schedule. The pa rties are directed to appear via the Microsoft Teams link provided by the facility. Members of the public are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Courts website, for the dial-in number and passcode. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Discovery Hearing set for 1/13/2022 at 02:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/10/2022) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
207
ORDER granting 206 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for January 7, 2022 is adjourned until January 13, 2022 at 2:00 p.m. IT IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on January 13, 2022, no later than 2:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with videoconferencing equipment, for the purpose of participating b y a videoconference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by emailing woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; and (2) contact the correctional facility to confirm its ability to conduct the conference by videoconference and to confirm the platform that the facility will use to host the videocon ference. The Court understands that Rikers Island uses Microsoft Teams. If another platform is to be used, the Court requests that defense counsel inform the Court of that fact promptly. The Court expects that the facility will distribute a link fo r the videoconference to participants no later than two business days prior to the conference. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff and to terminate the motion pending at Dkt. No. 206. Discovery Hearing set for 1/13/2022 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/7/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
205
ORDER: The Court's January 7, 2022 conference will proceed as scheduled at 3:30 p.m. The parties are directed to appear via the Microsoft Teams link provided by the facility. Members of the public are directed to the Court's Emergency Ru les in Light of COVID-19, which are available on the Court's website, for the dial- in number and passcode. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/6/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
200
MEMORANDUM OPINION AND ORDER: re: 134 MOTION to Dismiss . filed by City Of New York, Rikers C.O. Quayyum. For the reasons stated here, the City Defendants' motion to dismiss is granted in part. Plaintiff's claim of delib erate indifference against C.O. Quayyum, his municipal liability claim against the City of New York, and his claims for IIED against C.O. Quayyum and the City of New York are dismissed without prejudice. The City Defendants' motion to dismi ss Plaintiff's excessive force claim against C.O. Quayyum and his claims for assault and battery against both C.O. Quayyum and the City of New York is denied. The Court requests that counsel for Defendants provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this o rder would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff and to terminate the motion currently pending at Dkt. No. 134. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/21/2021) (js)
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Filing
193
ORDER. On December 1, 2021, the Court received Plaintiff's letter responding to Defendants' November 9, 2021 objection to the production of a non-party's contact information. Dkt. No. 192. The Court overruled Defendants' object ion to the production of that information on November 10, 2021. Dkt. No. 189. The arguments Plaintiff raises in his December 1, 2021 letter have therefore already been addressed. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/1/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
185
ORDER denying 183 Letter Motion to Adjourn Conference.Application denied. The Court will hold the November 3, 2021 conference as scheduled and will address the City Defendants' request that the Court endorse its proposed order at that conference. The Clerk of Court is directed to close the motion currently pending at Dkt. No. 183. So Ordered. (Signed by Judge Gregory H. Woods on 10/30/2021) (js)
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Filing
180
ORDER: On September 24, 2021, this Court issued an order extending the parties' deadlines to complete discovery. Dkt. No. 178. On October 6, 2021, Defendants filed a letter asking the Court if it intended to hold a status conference on Octo ber 18, 2021. Dkt. No. 179. In light of the amended discovery deadlines, the Court will adjourn the October 18, 2021 status conference to February 22, 2022 at 4:00 p.m. A joint letter updating the Court on the status of the case shall be filed by no later than February 15, 2022. The parties joint letter should comply with the Court's directions in its January 21, 2021 Case Management Plan and Scheduling Order at Dkt. No. 147. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. ( Status Conference set for 2/22/2022 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/7/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
178
ORDER granting 166 Letter Motion to Compel; granting 166 Letter Motion for Extension of Time to Complete Discovery. On September 21, 2021, the Court held a status conference to discuss the parties' outstanding discovery disputes. Dkt. No s. 165, 166, 172, and 173. For the reasons stated on the record, Plaintiff's July 19, 2021 request for a so-ordered subpoena, Dkt. No. 165, is denied. As stated on the record at the September 21, 2021 conference, Defendants are instructed to pr ovide Plaintiff with the following discovery within thirty days of the September 21, 2021 conference: A list of the medical staff and officers working in the infirmary at the time of the incident; the name and contact information of the vendor that provided video storage on thedate and time of the incident; and the name of the individual who made the statement that the video camera atissue was broken. In addition, Defendants are directed to conduct additional diligence to determine whether they have within their possession, custody, and control, information responsive to Plaintiff's sixth document request described in the August 17, 2021 letter to the Court. Dkt. No. 172. As discussed at the Conference, Defendants will send Plain tiff, via overnight mail, a copy of the medical release. Plaintiff has agreed to sign that release upon receipt. As stated on the record during the conference held on September 21, 2021, Defendants' request for an extension of time to complete discovery, Dkt. No. 166, is granted. The deadline for the completion of all fact discovery is extended to December 15, 2021. The deadline for the completion of all expert discovery is extended to February 8, 2022. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by December 15, 2021. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by December 29, 2021. The deadline for submission of motions for summary judgment, if any, is extended to March 2, 20 22. Except as expressly modified by this order, the case management plan entered by the Court on January 21, 2021, Dkt. No. 147, and modified on May 5, 2021, Dkt. No. 161, remains in full force and effect. In addition, as stated on the record at th e September 21, 2021 conference, the Court asks the parties to confer regarding Plaintiff's access to the law library for purposes of prosecuting his action. The Clerk of Court is directed to close the motion currently pending at Dtk. No. 166 and to mail a copy of this order to Plaintiff.. (Signed by Judge Gregory H. Woods on 9/24/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
177
ORDER: The Court previously ordered the parties to appear via videoconference on August 26, 2021 at 3:00 PM regarding a series of discovery-related issues in this case. That hearing is rescheduled for September 21, 2021 at 4:00 p.m. IT IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on September 21, 2021, no later than 4:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with vi deoconferencing equipment, for the purpose of participating by a videoconference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by email ing woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; and (2) contact the correctional facility to confirm its ability to conduct the conference by videoconference and to confirm the platform that the facility will use to host the videoconference. The Court understands that Rikers Island uses Microsoft Teams. If another platform is to be used, the Court requests that defense counsel inform the Court of that fact promptly. The Court expects that the facility will distribute a link for the videoconference to participants no later than two business days prior to the conference. The Clerk of Court is directed to mail a copy of this order to the plaintiff by first class and certified mail. (Status Conference set for 9/21/2021 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/31/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
174
ORDER: The Court previously ordered that the parties appear via telephone for a teleconference regarding a series of discovery-related issues in this case on August 26, 2021 at 3:00 p.m. On August 12, 2021, the defendants requested that the Court conduct the conference by videoconference, rather than teleconference. That request is granted. IT IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on August 26, 20 21, no later than 3:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with videoconferencing equipment, for the purpose of participating by in a videoconference with the Court and defense counsel, as further set fort h herein. The Court has also received two letters from Mr. Taylor, which were filed on August 18, 2021. Dkt. Nos. 172 and 173. The Court will take up the issues raised in those letters during the course of the conference. One point is worthy of em phasis here, however: this case is about the issues raised in Mr. Taylor's complaint. This case is not about the conditions of Mr. Taylor's incarceration or other matters not raised in his complaint. To the extent that Mr. Taylor's letter could be read to raise claims related to the conditions of his confinement, the Court does not understand them to be claims asserted in this case. That said, the Court will consider any impediments to Mr. Taylor's access to the law l ibrary in establishing an appropriate schedule for the litigation of issues that do fall within the scope of this case. The Clerk of Court is directed to mail a copy of this order to the plaintiff by first class and certified mail. SO ORDERED. ( Status Conference set for 8/26/2021 at 03:00 PM in video conference before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/19/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
167
ORDER: The Court will hold a teleconference regarding Defendants' request that the Court order Plaintiff to execute a medical release and extend the discovery deadlines on August 26, 2021 at 3:00 p.m. Defendants are directed to the Court 9;s Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. Defendants are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. I T IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center produce Roy Taylor, NYSID 04528137Q, B&C No. 3291804923, on August 26, 2021, no later than 3:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chamber s by calling the Courtroom Deputy at (212) 805-0296. Defense counsel must: (1) send this order to the Warden immediately; (2) contact the correctional facility identified above to determine the telephone number at which the plaintiff will be reach able at the time and date of the conference; and (3) telephone the Court with the plaintiff on the line at the time and date of the conference. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Telephone Conference set for 8/26/2021 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/3/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
154
ORDER: The Court has received Plaintiff's Motion for Sanctions. Dkt. No. 15. Defendants' opposition shall be due no later than April 2, 2021; Plaintiff's reply, if any, shall be due no later than April 16, 2021. The Clerk of Court is directed to mail a copy of this order to Plaintiff by first class and certified mail. So Ordered. (Signed by Judge Gregory H. Woods on 3/22/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
146
ORDER: On January 20, 2021, the Court held an initial pretrial conference in this case. At the conference, Plaintiff requested an extension of time to file his opposition to Defendants' motion to dismiss and his reply in further support of hi s motion for leave to amend his complaint. That application is granted. The deadline for Plaintiff to file those documents is extended to March 8, 2021. The deadline for Defendants to file their reply in further support of their motion to dismiss is extended to March 22, 2021. Defendants are directed to file a letter regarding the status of the parallel criminal matter by May 20, 2021. Defendants are further directed to serve on Plaintiff a copy of this order and a copy of the case management plan and scheduling order, which will be entered concurrently with this order. SO ORDERED. (Responses due by 3/8/2021, Replies due by 3/22/2021.) (Signed by Judge Gregory H. Woods on 1/21/2021) (jca)
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Filing
141
ORDER granting 140 Letter Motion for Extension of Time to File. Application granted. The deadline for the parties to submit their joint proposed case management plan and scheduling order is extended to January 13, 2021 at 10:00 a.m. The Clerk of Court is directed to mail a copy of this order to Plaintiff. (Signed by Judge Gregory H. Woods on 1/10/2021) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
132
ORDER granting in part and denying in part 119 Letter Motion to Stay; granting in part and denying in part 122 Letter Motion for Discovery; terminating 131 Letter Motion for Conference. On November 5, 2020, the Court held a conferen ce regarding Defendants' motion to extend the stay in this case and Plaintiff's motion to lift the stay. Dkt. Nos. 119, 122. For the reasons stated on the record, those motions are GRANTED in part and DENIED in part. The stay is lifte d with respect to Plaintiffs claims regarding the alleged January 26, 2016 incident involving Correction Officer Qayyum. The stay is extended with respect to all other claims because they relate to Plaintiffs arrest or ongoing criminal pro ceedings. The Court will schedule an initial pretrial conference by separate order to be entered today. On November 30, 2020, Defandant Qayyum requested leave to file a motion to dismiss. Dkt. No. 131. The deadline for Defendant Qayyum to fil e his motion to dismiss is December 30, 2020. Plaintiff's opposition is due no later than February 1, 2021; Defendant's reply, if any, is due no later than February 15, 2021. In his brief in support of his motion to dismiss, Defendant Qayyum is expected to address the allegations in Plaintiff's original complaint, Dkt. No. 2, including, but not limited to, whether the Court should consider them. On October 25, 2020, Plaintiff submitted a letter requesting judi cial intervention as a result of his allegedly being denied access to the law library. Dkt. No. 126. That letter was not entered on the docket until November 17, 2020. In the interim, the Court and the parties discussed Plaintiff's la ck of law library access at the November 5, 2020 conference. Defendants undertook to look into the issue. The Court will follow up at the initial pretrial conference. In light of the partial lift of the stay, the Court will solicit briefing on Pl aintiff's pending motions for leave to amend his complaint. Dkt. Nos. 95, 127. Defendants' opposition is due no later than December 30, 2020. Plaintiff's reply, if any, is due no later than February 1, 2021. The Clerk of Co urt is directed to lift the stay in this case, to the extent described in this order. The Clerk of Court is further directed to terminate the motions pending at Dkt. Nos. 119, 122, and 131. (Signed by Judge Gregory H. Woods on 12/10/2020) (mro) Modified on 12/11/2020 (mro).
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Filing
124
AMENDED ORDER: It is hereby ORDERED that all parties appear via telephone for a teleconference regarding Defendants' motion to extend the stay and Plaintiff's motion to lift the stay, Dkt. Nos. 119 and 122, on November 5, 2020 at 4:30 p.m. IT IS FURTHER ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on November 5, 2020, no later than 4:30 p.m., to a suitable location within the Ann a M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee sh ould promptly inform Chambers emailing the Court at woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; (2) contact the correctional facility to confirm its ability to connect the plaintiff to the conference at the conference number listed below at the date and time of the conference; and (3) to the extent that the correctional facility is unable to dial into the conference line directly, to make other a rrangements for the plaintiff to connect to the conference at the date and time listed above. The conference will be held by telephone. The conference call dial-in number is (888) 557-8511 and the access code is 7470200#. The Warden of the correctional facility is directed to connect the plaintiff to that number at the date and time specified above. The Clerk of Court is directed to mail a copy of this order to the plaintiff by first class and certified mail. ( Telephone Conference set for 11/5/2020 at 04:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/20/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
123
ORDER: It is hereby ORDERED that all parties appear via telephone for a teleconference regarding Defendants' motion to extend the stay and Plaintiff's motion to lift the stay, Dkt. Nos. 119 and 122, on November 5, 2020 at 4:30 p.m. IT IS FURTHER ORDERED that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on July 31, 2020, no later than 12:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers emailing the Court at woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; (2) contact the correctional facility to confirm its ability to connect the plaintiff to the conference at the conference number listed below at the date and time of the conference; and (3) to the extent that the correctional facility is unable to dial into the conference line directly, to make other arrangements for the pl aintiff to connect to the conference at the date and time listed above. The conference will be held by telephone. The conference call dial-in number is (888) 557-8511 and the access code is 7470200#. The Warden of the correctional facility is d irected to connect the plaintiff to that number at the date and time specified above. The Clerk of Court is directed to mail a copy of this order to the plaintiff by first class and certified mail. ( Telephone Conference set for 11/5/2020 at 04:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/18/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
120
ORDER with respect to 119 LETTER MOTION to Stay I write respectfully in response to the Courts Order dated August 25, 2020 to seek a 90-day extension of the stay in this matter and in opposition to plaintiffs motion for leave to amend his com plaint filed September 11, 2019. In accordance with the Court's August 25, 2020, order, Dkt. No. 115, Plaintiff's opposition to Defendants' request to extend the stay is due no later than October 20, 2020. If necessary, the Court w ill hold a conference regarding the motion to extend the stay on November 5, 2020 at 4:30 p.m. If Plaintiff wishes to respond to Defendants' opposition to his motion to amend the complaint to add additional defendants, he is directed to file his response by October 20, 2020. Counsel for Defendants is directed to serve a copy of this order on Plaintiff, and to file proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/1/2020) (jca)
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Filing
115
ORDER: Roy Taylor, the plaintiff in the above-captioned civil action, filed a motion to lift the stay in this action on July 16, 2020. Dkt. No. 113. On August 19, 2020, the Court held a conference regarding Plaintiffs motion. For the reasons stated o n the record during the conference, Plaintiffs motion is denied and the stay in this action is extended at least through September 29, 2020. If Defendants seek to further extend the stay, they are directed to do so via letter motion by no later than September 29, 2020. Plaintiffs opposition, if any, is due no later than October 20, 2020. If necessary, the Court will hold a conference regarding any motion to extend the stay on November 5, 2020 at 4:30 p.m. If Defendants move to extend the stay, t he stay will remain in place until the Court resolves the motion.Defendants joint letter should also set forth their position regarding Plaintiffs pending motion for leave to amend his complaint, Dkt. No. 95, and a proposed briefing schedule for that motion, assuming the stay is lifted. Counsel for Defendants is directed to mail a copy of this order to Plaintiff, along with a copy of the case cited by Defendants during the conference and a copy of the full docket sheet in this action. (Motions due by 9/29/2020. Responses due by 10/20/2020. Status Conference set for 11/5/2020 at 04:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/25/2020) (jwh)
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Filing
114
ORDER: It is hereby ORDERED that all parties appear via telephone for a teleconference regarding the plaintiff's July 16, 2020 motion to lift the stay in this case, Dkt. No. 113, on August 19, 2020 at 1:00 p.m. IT IS FURTHER ORDERE D that the Warden or other official in charge of the Anna M. Kross Center at Rikers Island produce Roy Taylor, 04528137Q, on August 19, 2020, no later than 1:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Wardens designee should promptly inform Chambers emailing the Cou rt at woodsnysdchambers@nysd.uscourts.gov. Defense counsel is directed to (1) send this order to the Warden immediately; (2) contact the correctional facility to confirm its ability to connect the plaintiff to the conference at the confer ence number listed below at the date and time of the conference; and (3) to the extent that the correctional facility is unable to dial into the conference line directly, to make other arrangements for the plaintiff to connect to the conf erence at the date and time listed above. The conference will be held by telephone. The conference call dial-in number is (888) 557-8511 and the access code is 7470200#. The Warden of the correctional facility is directed to connect the plain tiff to that number at the date and time specified above. The Clerk of Court is directed to mail a copy of this order to the plaintiff by first class and certified mail. ( Telephone Conference set for 8/19/2020 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 7/25/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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